Remedies Flashcards Preview

Contract Law > Remedies > Flashcards

Flashcards in Remedies Deck (11)
Loading flashcards...

Anglia Television v Reed

expectation/reliance loss


AG v Blake

Restitutionary damages for breach of contract e.g. advance payment for goods which fail to be delivered


Vesta v Butcher

Contributory negligence where liability in contract is the same as in tort


Farley v Skinner

If a major or important object of the contract is to give pleasure or enjoyment then can recover for non-pecuniary loss


Hadley v Baxendale
Restated in The Heron II

Remoteness - too remote a consequence of the breach
1. Loss arising naturally
2. Loss contemplated


Chaplin v Hicks

Quantification is for the courts except for s51 of the SOGA and speculation will not prevent them being awarded


Brace v Calder

Mitigation - reasonable steps


Pneumatic Tyre Co v New Garage

Liquidated damages - i.e. a fixed price on breach

Penalty - not a genuine pre-estimate of the loss but a threat - invalid


Patel v Ali

Specific performance will only be given where it will not incur hardship


Hill v Parsons

Injunction - usually refused on the same grounds of specific performance


Whittington v Seale-Hayne

Rescission - where the parties are put in the place which they would have been in had they not made the contract -
will be barred if the contract is affirmed, it is no longer possible to rescind or if third party rights have been acquired